EEO Discrimination Prohibition

Policy Statement

I. Policy Statement

Oakland Community College, pursuant to the requirements of applicable law and these policies, does not discriminate against applicants, employees or students on the basis of race, religion, color, national origin, citizenship, veteran status, political affiliation, sex, gender, pregnancy, age, height, weight, marital status, sexual orientation, gender identity, gender expression, gender transitioning, genetics, familial status, disability, or perceived disability; nor will sexual harassment, gender harassment, or harassment based on other classifications noted herein, be tolerated, in the College’s employment practices and/or educational programs or activities. Retaliation is also strictly prohibited under this policy. 

OCC is committed to a continuous review of its employment practices, educational programs, services and activities to identify and prevent potential discrimination and/or harassment on the basis of legally protected characteristics.

II. Definitions

A. Disability: A disability protected by both federal (Americans with Disabilities Act or “ADA”) and state laws (Michigan’s Person’s with Disabilities Civil Rights Act or “PWCRA”), which includes a perceived, determinable, or recorded physical or mental impairment/characteristic of an individual that substantially limits one or more major life activities unrelated to that individual’s:

1. 1. 1. Ability to perform the duties of a job or position;
      2. Qualifications for employment or promotion;
      3. Ability to utilize and benefit from educational opportunities, programs and facilities.

This definition also includes perceived disabilities when individuals who do not have a disability are regarded as having a disability. Discrimination based upon the association with individuals who have disabilities is also prohibited.

B. Discrimination: Prohibited discrimination includes, but is not limited to: 

1. Inequitable, unfair treatment or adverse treatment because of a protected characteristic;

2. Harassment by faculty, staff, administrators, co-workers or outside contractors, co-students or visitors in the College’s programs, activities, services or workplace because of a protected characteristic;

3. Harassment is repeated, malicious mistreatment, verbal abuse, or conduct that is threatening, intimidating, humiliating, insulting, isolates people at work, or undermines their reputation or job performance through verbal or non-verbal communications. Sexual Harassment: Sexual harassment is a form of sexual discrimination. Federal and State authorities provide that sexual harassment consists of unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature. Such conduct is unlawful where:

1. 1. 1. 1. Submission to the conduct is either an explicit or implicit term or condition of employment; or 
         2. Submission to or rejection of the conduct is used as the basis for employment decisions affecting the person who did the submitting or rejecting; or 
         3. The conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive environment. 

4. Sexual Harassment: Sexual harassment is a form of sexual discrimination. Federal and State authorities provide that sexual harassment consists of unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature. Such conduct is unlawful where:

1. 1. 1. 1. Submission to the conduct is either an explicit or implicit term or condition of employment; or
         2. Submission to or rejection of the conduct is used as the basis for employment decisions affecting the person who did the submitting or rejecting; or
         3. The conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive environment.

5.  Workplace Bullying: This form of harassment, while not always constituting actionable discrimination, generally results from the use of inappropriately aggressive or insulting conduct or comments, which when viewed objectively may cause an employee against whom such conduct or comments is/are directed to be humiliated or intimidated. 

6.  Denial of a reasonable accommodation to an individual who would otherwise be entitled to it under state or federal laws. 

7.  Retaliation against an individual because they reported discrimination or assisted with a discrimination investigation or lawsuit.

C. Familial Status: Protection regarding familial status is designed to prevent intentional discrimination solely because they are parents. It is not designed to place other employees at a disadvantage or to give parents preference

D. Gender Expression: Gender expression refers to all of the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns and social interactions. Social and cultural norms can vary widely and some characteristics that may be accepted as masculine, feminine or neutral in one culture may not be assessed similarly in another.

E.  Gender Identity: The term “gender identity,” distinct from the term “sexual orientation,” refers to a person’s questioning and/or innate, deeply felt psychological identification as a man, woman or some other gender, which may or may not correspond to the sex assigned to them at birth (e.g., the sex listed on their birth certificate).

F. Gender Transitioning: The process of changing one's gender presentation permanently to accord with one's internal sense of one's gender - the idea of what it means to be a man or a woman.

G. Parental Status: Status as a “parent” refers to the status of an individual who, with respect to an individual who is under the age of 18, or who is 18 or older but is incapable of self-care because of a physical or mental disability, is: a biological parent; an adoptive parent; a foster parent; a stepparent; a custodian of a legal ward; in loco parentis to such an individual; or actively seeking legal custody or adoption of such an individual. A person stands “in loco parentis” when he or she has day-to-day responsibility to care for and financially support a child. A biological or legal relationship is not necessary.

h. Protected Characteristics: Protected characteristics includes age, race, color, national origin, religion, marital status, sex/gender, pregnancy, sexual orientation, gender identity, gender expression, gender transitioning, height, weight, national origin, citizenship, disability, perceived disability, political affiliation, familial status, veteran status, genetics or other characteristics protected by law.

i.  Retaliation: An adverse action against a person who reports, complains about or who otherwise participates in good faith in any manner related to this policy.

j. Sexual Orientation : “Sexual Orientation” is the preferred term used when referring to an individual’s physical and/or emotional attraction to the same and/or other genders. “Gay,” “lesbian,” “bisexual,” “heterosexual (straight),” “Trans,” “queer,” and/or “questioning” are all examples of sexual orientations. A person’s sexual orientation is distinct from a person’s gender identity and expression

III. Compliance

All Board of Trustee members, administrators, faculty, staff, and students are expected to conform to this Board policy and any regulations, procedures and administrative guidelines issued in order to implement this policy. Violations of this policy shall be subject to appropriate disciplinary action, which may include, without limitation, discharge from employment, dismissal from the College and/or appropriate action as permitted by law.

1. 1. All College publications used to recruit students or employees and all admission and employment applications must include a statement of the Board's Equal Employment Opportunity/Discrimination Policy.
   2. The College’s Equal Employment Opportunity (EEO) Officer shall be officially designated as OCC’s Title IX Coordinator and the individual charged with receiving discrimination and harassment complaints. Other departmental staff, including, but not limited to, the Vice Chancellor for Student Services, the Deans of Student Services, and/or (outside) legal counsel, may be utilized to assist in the processing or investigation of complaints, as necessary.
   3. The Dean of Learning Resources and a member of the Human Resources Department shall be charged with processing and/or investigating accommodation complaints related to disability or perceived disability. Other departmental staff, and/or (outside) legal counsel, may be utilized to assist in disability accommodation complaints, as necessary.
   4. All Board of Trustee members and college employees must promptly report any violation or possible violation of this Board policy to the College’s EEO Officer/Title IX Coordinator. For the purpose of this policy, all college employees shall include the College’s Board of Trustees, all full-time, part-time, and temporary employees, all OCC faculty and staff.
   5. If a complaint has been made against the EEO Officer or any member of the Human Resources Department, the Legal Affairs office shall be informed immediately, in writing, and the complaint may be referred to outside legal counsel for review, investigation, and processing.

EEO Officer/Title IX Coordinator: Carmen White
Address: 2900 Featherstone Road, Auburn Hills, MI 48326
Phone: (248) 341-2200
Email: titleixcoordinator@oaklandcc.edu; or ccwhite@oaklandcc.edu

For student disability accommodation matters:
Dean of Academic Support Services: Bethany Kennedy
Address: 27055 Orchard Lake Road, Farmington Hills, MI 48334
Phone: (248) 522-3466
Email: bakenned@oaklandcc.edu

For employee disability accommodation matters:
Benefits & Compensation Manager: Julie Hoyt
Address: 2900 Featherstone Road, Auburn Hills, MI 48326
Phone:  (248) 341-2200
Email: jahoyt@oaklandcc.edu

Change Log

• 01-22-2013  Revised
• 04-28-2020  Reviewed; no change
• 03-03-2023  Related Policies updated
• 03-14-2023  Contact Info updated
• 06-20-2023  Updated
• 09-14-2023  Contact info updated